5'£'  fyMEEML 


S.  R.  A. — B.  S.  23.  Issued  August  26,  1918. 

United  States  Department  of  Agriculture, 

BUREAU  OF  BIOLOGICAL  SURVEY. 

B.  W.  Nelson,  Chief  of  Bureau. 


SERVICE  AND  REGULATORY  ANNOUNCEMENTS. 


MIGRATORY  BIRD  TREATY,  ACT,  AND  REGULATIONS. 


CONVENTION  BETWEEN  THE  UNITED  STATES  AND  GREAT  BRIT- 
AIN FOR  THE  PROTECTION  OF  MIGRATORY  BIRDS  IN  THE 
UNITED  STATES  AND  CANADA.1 

[Proclaimed  December  8,  1916.] 

Whereas  many  species  of  birds  in  the  course  of  their  annual  mi- 
grations traverse  certain  parts  of  the  United  States  and  the  Dominion 
of  Canada ;  and 

Whereas  many  of  these  species  are  of  great  value  as  a  source  of 
food  or  in  destroying  insects  which  are  injurious  to  forests  and  forage 
plants  on  the  public  domain,  as  well  as  to  agricultural  crops,  in  both 
the  United  States  and  Canada,  but  are  nevertheless  in  danger  of  ex- 
termination through  lack  of  adequate  protection  during  the  nesting 
season  or  while  on  their  way  to  and  from  their  breeding  grounds ; 

The  United  States  of  America  and  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  and  of  the  British 
dominions  beyond  the  seas,  Emperor  of  India,  being  desirous  of 
saving  from  indiscriminate  slaughter  and  of  insuring  the  preserva- 
tion of  such  migratory  birds  as  are  either  useful  to  man  or  are  harm- 

1  This  treaty  was  signed  on  August  10,  ratified  by  the  Senate  August  29,  by  the  Presi- 
dent September  1,  and  by  Great  Britain  October  20;  ratifications  thereof  were  exchanged 
December  7,  and  it  was  proclaimed  by  the  President  December  8,  1916. 

Canada,  by  an  act  of  Parliament  approved  August  29,  1917,  gave  full  effect  to  this 
convention,  and  promulgated  regulations  thereunder  May  11,   1918. 

The  Constitution  of  the  United  States  contains  the  following  provision  in  regard  to 
treaties : 

"  This  Constitution,  and  the  laws  of  the  United  States  which  shall  be  made  in  pur- 
suance thereof;  and  all  treaties  made,  or  which  shall  be  made,  under  the  authority  of  the 
United  States  shall  be  the  supreme  law  of  the  land  ;  and  the  judges  in  every  State  shall 
be  bound  thereby,  anything  in  the  constitution  or  laws  of  any  State  to  the  contrary 
notwithstanding."  (Art.  VI  par.  2.) 
74824°— 18 


2  BUREAU    OF   BIOLOGICAL   SURVEY.  [S.  R.  A. 

less,  have  resolved  to  adopt  some  uniform  system  of  protection'  which 
shall  effectively  accomplish  such  objects,  and  to  the  end  of  concluding 
a  convention  for  this  purpose  have  appointed  as  their  respective 
plenipotentiaries : 

The  President  of  the  United  States  of  America,  Robert  Lansing, 
Secretary  of  State  of  the  United  States;  and 

His  Britannic  Majesty,  the  Right  Honorable  Sir  Cecil  Arthur 
Spring  Rice,  G.  C.  V.  O.,  K.  C.  M.  G.,  etc.,  His  Majesty's  ambassador 
extraordinary  and  plenipotentiary  at  Washington; 

Who,  after  having  communicated  to  each  other  their  respective 
full  powers,  which  were  found  to  be  in  due  and  proper  form,  have 
agreed  to  and  adopted  the  following  articles: 

ARTICLE   I. 

The  High  Contracting  Powers  declare  that  the  migratory  birds  included  in 
the  terms  of  this  convention  shall  be  as  follows : 

1.  Migratory  game  birds  : 

( a  )  Anatidae,  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 

(b)  Gruidae,  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae,  or  rails,  including  coots,  gallinules,  and  sora,  and  other  rails. 
(<l)  Limicolae,  or  shorebirds,  including  avocets,  curlew,  dowitchers.  godwits, 

knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones,  willet.  woodcock,  and  yellowlegs. 

(e)  Columbidae,  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Migratory  insectivorous  birds:  Bobolinks,  catbirds,  chickadees,  cuckoos, 
flickers,  flycatchers,  grosbeaks,  humming  birds,  kinglets,  martins,  meadowlarks, 
nighthawks  or  bull  bats,  nut-hatches,  orioles,  robins,  shrikes,  swallows,  swifts, 
tanagers,  titmice,  thrushes,  vireos,  warblers",  waxwings,  whippoorwills,  wood- 
peckers, and  wrens,  and  all  other  perching  birds  -which  feed  entirely  or  chiefly 
on  insects. 

3.  Other  migratory  nongame  birds :  Auks,  auklets,  bitterns,  fulmars,  gannets, 
grebes,  guillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shear- 
waters, and  terns. 

ARTICLE  II. 

The  High  Contracting  Powers  agree  that,  as  an  effective  means  of  preserving 
migratory  birds  there  shall  be  established  the  following  close  seasons  during 
which  no  hunting  shall  be  done  except  for  scientific  or  propagating  purposes 
under  permits  issued  by  proper  authorities. 

1.  The  close  season  on  migratory  game  birds  shall  be  between  March  10  and 
September  1,  except  that  the  close  season  on  the  Limicolae,  or  shorebirds,  in 
the  maritime  Provinces  of  Canada  and  in  those  States  of  the  United  Slates 
bordering  on  the  Atlantic  Ocean,  which  are  situated  wholly  or  in  part  north 
Of  Chesapeake  Bay  shall  be  between  February  1  and  August  15,  and  that 
Indians  may  take  at  any  time  scoters  for  food  but  not  for  sale.  The  season 
for  hunting  shall  be  further  restricted  to  such  period  not  exceeding  three  and 
one-half  months  as  the  High  Contracting  Powers  may  severally  deem  appro- 
priate and  define  by  law  or  regulation. 

2.  The  close  season  on  migratory  insectivorous  birds  shall  continue  through- 
out the  year. 


5 


B.  S.  23.]  SERVICE    AND   REGULATORY   ANNOUNCEMENTS.  3 

3.  The  close  season  on  other  migratory  nongame  birds  shall  continue  through- 
out the  year,  except  that  Eskimos  and  Indians  may  take  at  any  season  auks, 
auklets,  guillemots,  murres,  and  puffins,  and  their  eggs,  for  food  and  their  skins 
for  clothing,  but  the  birds  and  eggs  so  taken  shall  not  be  sold  or  offered  for  sale. 

ARTICLE  III. 

The  High  Contracting  Powers  agree  that  during  the  period  of  10  years  next 
following  the  going  into  effect  of  this  convention  there  shall  be  a  continuous 
close  season  on  the  following  migratory  game  birds,  to  wit : 

Band-tailed  pigeons;  little  brown,  sandhill,  and  whooping  cranes,  swans, 
curlew  and  all  shorebirds  (except  the  black-breasted  and  golden  plover.  Wilson 
or  jacksnipe,  woodcock,  and  the  greater  and  lesser  yellowlegs)  ;  provided  that 
during  such  10  years  the  close  seasons  on  cranes,  swans,  and  curlew  in  the 
Province  of  British  Columbia  shall  be  made  by  the  proper  authorities  of  that 
Province  within  the  general  dates  and  limitations  elsewhere  prescribed  in  this 
convention  for  the  respective  groups  to  which  these  birds  belong. 

ARTICLE   IV. 

The  High  Contracting  Powers  agree  that  special  protection  shall  be  given  the 
wood  duck  and  the  eider  duck,  either  (1)  by  a  close  season  extending  over  a 
period  of  at  least  five  years,  or  (2)  by  the  establishment  of  refuges,  or  (3)  by 
such  other  regulations  as  may  be  deemed  appropriate. 

ARTICLE  V. 

The  taking  of  nests  or  eggs  of  migratory  game  or  insectivorous  or  nongame 
birds  shall  be  prohibited,  except  for  scientific  or  propagating  purposes,  under 
such  laws  or  regulations  as  the  High  Contracting  Powers  may  severally  deem 
appropriate. 

ARTICLE   VI. 

The  High  Contracting  Powers  agree  that  the  shipment  or  export  of  migratory 
birds  or  their  eggs  from  any  State  or  Province,  during  the  continuance  of  the 
close  season  in  such  State  or  Province,  shall  be  prohibited  except  for  scientific 
or  propagating  purposes,  and  the  international  traffic  in  any  birds  or  eggs  at 
such  time  captured,  killed,  taken,  or  shipped  at  any  time  contrary  to  the  laws 
of  the  State  or  Province  in  which  the  same  were  captured,  killed,  taken,  or 
shipped  shall  be  likewise  prohibited.  Every  package  containing  migratory 
birds  or  any  parts  thereof  or  any  eggs  of  migratory  birds  transported,  or  offered 
for  transportation  from  the  Dominion  of  Canada  into  the  United  States  or  from 
the  United  States  into  the  Dominion  of  Canada,  shall  have  the  name  and  ad- 
dress of  the  shipper  and  an  accurate  statement  of  the  contents  clearly  marked 
on  the  outside  of  such  package. 

ARTICLE   VII. 

Permits  to  kill  any  of  the  above-named  birds  which,  under  extraordinary  con- 
ditions, may  become  seriously  injurious  to  the  agricultural  or  other  interests  in 
any  particular  community,  may  be  issued  by  the  proper  authorities  of  the  High 
Contracting  Powers  under  suitable  regulations  prescribed  therefor  by  them 
respectively,  but  such  permits  shall  lapse,  or  may  be  canceled,  at  any  time 
when,  in  the  opinion  of  said  authorities,  the  particular  exigency  has  passed, 
and  no  birds  killed  undei  this  article  shall  be  shipped,  sold,  or  offered  for  sale. 


4  BUREAU    OF    BIOLOGICAL   SURVEY.  [S.  R.  A. 

ARTICLE  VIII. 

The  High  Contracting  Powers  agree  themselves  to  take,  or  propose  to  their 
respective  appropriate  law-making  bodies,  the  necessary  measures  for  insuring 
the  execution  of  the  present  convention. 

ARTICLE  IX. 

The  present  convention  shall  be  ratified  by  the  President  of  the  United  States 
of  America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by 
His  Britannic  Majesty.  The  ratifications  shall  be  exchanged  at  Washington  as 
soon  as  possible  and  the  convention  shall  take  effect  on  the  date  of  the  ex- 
change of  the  ratifications.  It  shall  remain  in  force  for  15  years,  and  in  the 
event  of  neither  of  the  High  Contracting  Powers  having  given  notification,  12 
months  before  the  expiration  of  said  period  of  15  years,  of  its  intention  of  ter- 
minating its  operation,  the  convention  shall  continue  to  remain  in  force  for  one 
year  and  so  on  from  year  to  year. 

In  faith  whereof,  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate  and  have  hereunto  affixed  their  seals. 
Done  at  Washington  this  16th  day  of  August,  1916. 

[seal..]  Robert  Lansing. 

[seal.]  Cecil  Spring  Rice. 


MIGRATORY  BIRD  TREATY  ACT. 

[Approved  July  3,  1918.     Public,  No.  186,  65th  Congress — S.  1553.] 

AN  ACT  To  give  effect  to  the  convention  between  the  United  States  and  Great  Britain 
for  the  protection  of  migratory  birds  concluded  at  Washington,  August  sixteenth,  nij.e 
teen  hundred  and  sixteen,  and  for  other  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States 
of  America  in  Congress  assembled,  That  this  Act  shall  be  known  by  the  short 
title  of  the  "  Migratory  Bird  Treaty  Act." 

Sec.  2.  That  unless  and  except  as  permitted  by  regulations  made  as  herein- 
after provided,  it  shall  be  unlawful  to  hunt,  take,  capture,  kill,  attempt  to  take, 
capture  or  kill,  possess,  offer  for  sale,  sell,  offer  to  purchase,  purchase,  deliver 
for  shipment,  ship,  cause  to  be  shipped,  deliver  for  transportation,  transport, 
cause  to  be  transported,  carry  or  cause  to  be  carried  by  any  means  whatever, 
receive  for  shipment,  transportation  or  carriage,  or  export,  at  any  time  or  in  any 
manner,  any  migratory  bird,  included  in  the  terms  of  the  convention  between  the 
United  States  and  Great  Britain  for  the  protection  of  migratory  birds  concluded 
August  sixteenth,  nineteen  hundred  and  sixteen,  or  any  part,  nest,  or  egg  of 
any  such  birds. 

Sec.  3.  That  subject  to  the  provisions  and  in  order  to  carry  out  the  purposes 
of  the  convention,  the  Secretary  of  Agriculture  is  authorized  and  directed,  from 
time  to  time,  having  due  regard  to  the  zones  of  temperature  and  to  the  dis- 
tribution, abundance,  economic  value,  breeding  habits,  and  times  and  lines  of 
migratory  flight  of  such  birds,  to  determine  when,  to  what  extent,  if  at  all,  and 
by  what  means,  it  is  compatible  with  the  terms  of  the  convention  to  allow  hunt- 
ing, taking,  capture,  killing,  possession,  sale,  purchase,  shipment,  transportation, 
carriage,  or  export  of  any  such  bird,  or  any  part,  nest  or  egg  thereof,  and 
to  adopt  suitable  regulations  permitting  and  governing  the  same,  in  accordance 


B.  S.  23.]  SERVICE   AND   REGULATORY   ANNOUNCEMENTS.  5 

with  such  determinations,  which  regulations  shall  become  effective  when  ap- 
proved by  the  President. 

Sec.  4.  That  it  shall  be  unlawful  to  ship,  transport,  or  carry,  by  any  means 
whatever,  from  one  State,  Territory,  or  District  to  or  through  another  State, 
Territory,  or  District,  or  to  or  through  a  foreign  country,  any  bird,  or  any  part, 
nest,  or  egg  thereof,  captured,  killed,  taken,  shipped,  transported,  or  carried  at 
any.  time  contrary  to  the  laws  of  the  State,  Territory,  or  District  in  which  it 
was  captured,  killed,  or  taken,  or  from  which  it  was  shipped,  transported,  or 
carried.  It  shall  be  unlawful  to  import  any  bird,  or  any  part,  nest,  or  egg 
thereof,  captured,  killed,  taken,  shipped,  transported,  or  carried  contrary  to  the 
laws  of  any  Province  of  the  Dominion  of  Canada  in  which  the  same  was  cap- 
tured, killed,  or  taken,  or  from  which  it  was  shipped,  transported,  or  carried. 

Sec  5.  That  any  employee  of  the  Department  of  Agriculture  authorized  by 
the  Secretary  of  Agriculture  to  enforce  the  provisions  of  this  Act  shall  have 
power,  without  warrant,  to  arrest  any  person  committing  a  violation  of  this 
Act  in  his  presence  or  view  and  to  take  such  person  immediately  for  examina- 
tion or  trial  before  an  officer  or  court  of  competent  jurisdiction  ;  shall  have  power 
to  execute  any  warrant  or  other  process  issued  by  an  officer  or  court  of  com- 
petent jurisdiction  for  the  enforcement  of  the  provisions  of  this  Act :  and  shall 
have  authority,  with  a  search  warrant,  to  search  any  place.  The  several  judges 
of  the  courts  established  under  the  laws  of  the  United  States,  and  United  States 
commissioners  may.  within  their  respective  jurisdictions,  upon  proper  oath  or 
affirmation  showing  probable  cause,  issue  warrants  in  all  such  cases.  All  birds, 
or  parts,  nests,  or  eggs  thereof,  captured,  killed,  taken,  shipped,  transported, 
carried,  or  possessed  contrary  to  the  provisions  of  this  Act  or  of  any  regulations 
made  pursuant  thereto  shall,  when  found,  be  seized  by  any  such  employee,  or 
by  any  marshal  or  deputy  marshal,  and  upon  conviction  of  the  offender  or  upon 
judgment  of  a  court  of  the  United  States  that  the  same  were  captured,  killed, 
taken,  shipped,  transported,  carried,  or  possessed  contrary  to  the  provisions  of 
this  Act  or  of  any  regulation  made  pursuant  thereto,  shall  be  forfeited  to  the 
United  States  and  disposed  of  as  directed  by  the  court  having  jurisdiction. 

Sec.  6.  That  any  person,  association,  partnership,  or  corporation  who  shall 
violate  any  of  the  provisions  of  said  convention  or  of  this  Act.  or  who  shall 
violate  or  fail  to  comply  with  any  regulation  made  pursuant  to  this  Act,  shall 
be  deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be  fined 
not  more  than  S500  or  be  imprisoned  not  more  than  six  months,  or  both. 

Sec  7.  That  nothing  in  this  Act  shall  be  construed  to  prevent  the  several  States 
and  Territories  from  making  or  enforcing  laws  or  regulations  not  inconsistent 
with  the  provisions  of  said  convention  or  of  this  Act.  or  from  making  or  enforcing 
laws  or  regulations  which  shall  give  further  protection  to  migratory  birds,  their 
nests,  and  eggs,  if  such  laws  or  regulations  do  not  extend  the  open  season  for 
sudi  birds  beyond  the  dates  approved  by  the  President  in  accordance  wit] 
tion  three  of  this  Act. 

Sec  8.  That  until  the  adoption  and  approval,  pursuant  to  section  three  of  this 
Act.  of  regulations  dealing  with  migratory  birds  and  their  nests  and  eggs,  such 
migratory  birds  and  their  nests  and  e^rgs  as  are  intended  and  used  exclusively 
for  scientific  or  propagating  purposes  may  be  taken,  captured,  killed,  possessed, 
sold,  purchased,  shipped,  and  transported  for  such  scientifir  or  propagating  pur- 
poses if  and  to  the  extent  not  in  conflict  with  the  laws  of  the  State,  Territory, 
or  District  in  which  they  are  taken,  captured,  killed,  possessed,  sold,  or  purchased, 
or  in  or  from  which  they  are  shipped  or  transported  if  the  packages  containing 
the  dead  bodies  or  the  nests  or  eggs  of  such  birds  when  shipped  and  transported 


6  BUREAU    OF    BIOLOGICAL   SURVEY.  [S.  R.  A, 

shall  be  marked  on  the  outside  thereof  so  as  accurately  and  clearly  to  show  the 
name  and  address  of  the  shipper  and  the  contents  of  the  package. 

Sec.  9.  That  the  unexpended  balances  of  any  sums  appropriated  by  the  agri- 
cultural appropriation  Acts  for  the  fiscal  years  nineteen  hundred  and  seventeen 
and  nineteen  hundred  and  eighteen,  for  enforcing  the  provisions  of  the  Act 
approved  March  fourth,  nineteen  hundred  and  thirteen,  relating  to  the  protec- 
tion of  migratory  game  and  insectivorous  birds,  are  hereby  reappropriated  and 
made  available  until  expended  for  the  expenses  of  carrying  into  effect  the  pro- 
visions of  this  Act  and  regulations  made  pursuant  thereto,  including  the  pay- 
ment of  such  rent,  and  the  employment  of  such  persons  and  means,  as  the  Sec- 
retary of  Agriculture  may  deem  necessary,  in  the  District  of  Columbia  and  else- 
where, cooperation  with  local  authorities  in  the  protection  of  migratory  birds, 
and  necessary  investigations  connected  therewith:  Provided,  That  no  person 
who  is  subject  to  the  draft  for  service  in  the  Army  or  Navy  shall  be  exempted  or 
excused  from  such  service  by  reason  of  his  employment  under  this  Act. 

Sec.  10.  That  if  any  clause,  sentence,  paragraph,  or  part  of  this  Act  shall, 
for  any  reason,  be  adjudged  by  any  court,  of  competent  jurisdiction  to  be  in- 
valid, such  judgment  shall  not  affect,  impair,  or  invalidate  the  remainder  thereof, 
but  shall  be  confined  in  its  operation  to  the  clause,  sentence,  paragraph,  or  part 
thereof  directly  involved  in  the  controversy  in  which  such  judgment  shall  have 
been  rendered. 

Sec  11.  That  all  Acts  or  parts  of  Acts  inconsistent  with  the  provisions  of  this 
Act  are  hereby  repealed. 

Sec.  12.  Nothing  in  this  Act  shall  be  construed  to  prevent  the  breeding  of 
migratory  game  birds  on  farms  and  preserves  and  the  sale  of  birds  so  bred 
under  proper  regulation  for  the  purpose  of  increasing  the  food  supply. 

Sec  13.  That  this  Act  shall  become  effective  immediately  upon  its  passage 
and  approval. 


MIGRATORY  BIRD  TREATY  ACT  REGULATIONS. 

[Effective  July  31,  1918.] 

BY  THE  PRESIDENT  OF  THE  UNITED  STATES  OF  AMERICA, 

A  PROCLAMATION. 

Whereas,  section  three  of  the  Act  of  Congress  approved  July  third, 
nineteen  hundred  and  eighteen,  entitled  "  An  Act  To  give  effect  to 
the  convention  between  the  United  States  and  Great  Britain  for  the 
protection  of  migratory  birds  concluded  at  Washington,  August  six- 
teenth, nineteen  hundred  and  sixteen,  and  for  other  purposes"  (Pub- 
lic, No.  186,  65th  Congress),  provides  as  follows: 

That  subject  to  the  provisions  and  in  order  to  carry  out  the  purposes  of  the 
convention,  the  Secretary  of  Agriculture  is  authorized  and  directed,  from  time 
to  time,  having  due  regard  to  the  zones  of  temperature  and  to  the  distribution, 
abundance,  economic  value,  breeding  habits,  and  times  and  lines  of  migratory 
flight  of  such  birds,  to  determine  when,  to  what  extent,  if  at  all,  and  by  what 
means,  it  is  compatible  with  the  terms  of  the  convention  to  allow  hunting, 
taking,  capture,  killing,  [possession,  (sic)],  sale,  purchase,  shipment,  trans- 
portation, carriage,  or  export  of  any  such  bird,  or  any  part,  nest,  or  egg  thereof, 
and  to  adopt  suitable  regulations  permitting  and  governing  the  same,  in  accord- 
ance with  such  determinations,  which  regulations  shall  become  effective  when 
approved  by  the  President 


B.  S.  23.]  SERVICE   AND   REGULATORY   ANNOUNCEMENTS.  7 

And,  Whereas,  The  Secretary  of  Agriculture,  pursuant  to  said 
section  and  having  due  regard  to  the  zones  of  temperature  and  to  the 
distribution,  abundance,  economic  value,  breeding  habits,  and  times 
and  lines  of  migratory  flight  of  migratory  birds  included  in  the  terms 
of  the  convention  between  the  United  States  and  Great  Britain  for 
the  protection  of  migratory  birds  concluded  August  sixteenth,  nine- 
teen hundred  and  sixteen,  has  determined  when,  to  what  extent,  and 
by  what  means  it  is  compatible  with  the  terms  of  said  convention  to 
allow  hunting,  taking,  capture,  killing,  possession,  sale,  purchase, 
shipment,  transportation,  carriage,  and  export  of  such  birds  and 
parts  thereof  and  their  nests  and  eggs,  and  in  accordance  with  such 
determinations  has  adopted  and  submitted  to  me  for  approval  regu- 
lations, which  the  Secretary  of  Agriculture  has  determined  to  be 
suitable  regulations,  permitting  and  governing  hunting,  taking,  cap- 
ture, killing,  possession,  sale,  purchase,  shipment,  transportation, 
carriage,  and  export  of  said  birds  and  parts  thereof  and  their  nests 
and  eggs,  which  said  regulations  are  as  follows : 

REGULATIONS,  MIGRATORY  BIRD  TREATY  ACT. 

REGULATION   1.— DEFINITIONS  OF  MIGRATORY  BIRDS. 

Migratory  birds,  included  in  the  terms  of  the  convention  between  the  United 
States  and  Great  Britain  for  the  protection  of  migratory  birds,  concluded 
August  16,  1916,  are  as  follows : 

1.  Migratory  game  birds: 

(a)  Anatidae,  or  waterfowl,  including  brant,  wild  ducks,  geese,  and  swans. 

(b)  Gruidae,  or  cranes,  including  little  brown,  sandhill,  and  whooping  cranes. 

(c)  Rallidae,  or  rails,  including  coots,  gallinules,  and  sora  and  other  rails. 

(d)  Limicolae,  or  shorebirds,  including  avocets,  curlews,  dowitchers,  godwits, 
knots,  oyster  catchers,  phalaropes,  plovers,  sandpipers,  snipe,  stilts,  surf  birds, 
turnstones,  willet,  woodcock,  and  yellowlegs. 

(e)  Columbidae,  or  pigeons,  including  doves  and  wild  pigeons. 

2.  Migratory  insectivorous  birds:  Bobolinks,  catbirds,  chickadees,  cuckoos, 
flickers,  flycatchers,  grosbeaks,  hummingbirds,  kinglets,  martins,  meadowlarks, 
nighthawks  or  bull-bats,  nuthatches,  orioles,  robins,  shrikes,  swallows,  swifts, 
tanagers,  titmice,  thrushes,  vireos,  warblers,  waxwings,  whip-poor-wills,  wood- 
peckers, and  wrens,  and  all  other  perching  birds  which  feed  entirely  or  chiefly 
on  insects. 

3.  Other  migratory  nongame  birds:  Auks,  auklets,  bitterns,  fulmars,  gannets, 
grebes,  guillemots,  gulls,  herons,  jaegers,  loons,  murres,  petrels,  puffins,  shear- 
waters, and  terns. 

REGULATION  2.— DEFINITIONS  OF  TERMS. 

For  the  purposes  of  these  regulations  the  following  terms  shall  be  construed, 
respectively,  to  mean — 

Secretary. — The  Secretary  of  Agriculture  of  the  United  States. 

Person. — The  plural  or  the  singular,  as  the  case  demands,  including  indi- 
viduals, associations,  partnerships,  and  corporations,  unless  the  context  other- 
wise requires. 


8  BUREAU   OF   BIOLOGICAL   SURVEY.  [S.  R.  A. 

Take. — The  pursuit,  hunting,  capture,  or  killing  of  migratory  birds  in  the 
manner  and  by  the  means  specifically  permitted. 

Open  season. — The  time  during  which  migratory  birds  may  be  taken. 

Transport. — Shipping,  transporting,  carrying,  exporting,  receiving  or  deliver- 
ing for  shipment,  transportation,  carriage,  or  export. 

REGULATION   3—  MEANS  BY  WHICH   MIGRATORY  GAME  BIRDS  MAY  BE  TAKEN. 

The  migratory  game  birds  specified  in  Regulation  4  hereof  may  be  taken 
during  the  open  season  with  a  gun  only,  not  larger  than  number  10  gauge,  fired 
from  the  shoulder,  except  as  specifically  permitted  by  Regulations  7,  8,  9,  and 
10  hereof;  they  may  be  taken  during  the  open  season  from  the  land  and  water, 
from  a  blind  or  floating  device  (other  than  an  airplane,  powerboat,  sailboat,  or 
any  boat  under  sail),  with  the  aid  of  a  dog,  and  the  use  of  decoys. 

REGULATION    4.— OPEN    SEASONS    ON    AND    POSSESSION    OF    CERTAIN    MIGRATORY 

GAME  BIRDS. 

For  the  purpose  of  this  regulation,  each  period  of  time  herein  prescribed  as 
an  open  season  shall  be  construed  to  include  the  first  and  last  days  thereof. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gallinules, 
black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  woodcock,  Wil- 
son snipe  or  jacksnipe,  and  mourning  and  white-winged  doves  may  be  taken 
each  day  from  haK  an  hour  before  sunrise  to  sunset  during  the  open  seasons 
prescribed  therefor  in  this  regulation,  by  the  means  and  in  the  numbers  per- 
mitted by  Regulations  3  and  5  hereof,  respectively,  and  when  so  taken,  each 
species  may  be  possessed  any  day  during  the  respective  open  seasons  herein 
prescribed  therefor  and  for  an  additional  period  of  10  days  next  succeeding 
said  open  season. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  coot,  gallinules,  and 
Wilson  snipe  or  jacksnipe. — The  open  seasons  for  waterfowl  (except  wood 
duck,  eider  ducks,  and  swans),  coot,  gallinules,  and  Wilson  snipe  or  jacksnipe 
shall  be  as  follows: 

In  Maine,  New  Hampshire,  Vermont,  Massachusetts,  New  York  (except  Long 
Island),  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan,  Wis- 
consin, Illinois,  Minnesota,  Iowa,  Missouri,  North  Dakota,  South  Dakota,  Ne- 
braska, Kansas,  Colorado,  Wyoming,  Montana,  Idaho,  Nevada,  and  that  portion 
of  Oregon  and  Washington  lying  east  of  the  summit  of  the  Cascade  Mountains 
the  open  season  shall  be  from  September  16  to  December  31 ; 

In  Rhode  Island,  Connecticut,  Utah,  and  that  portion  of  Oregon  and  Wash- 
ington lying  west  of  the  summit  of  the  Cascade  Mountains  the  open  season 
shall  be  from  October  1  to  January  15 ; 

In  that  portion  of  New  York  known  as  Long  Island,  and  in  New  Jersey,  Dela- 
ware, Oklahoma,  Texas,  New  Mexico,  Arizona,  and  California  the  open  season 
shall  be  from  October  16  to  January  31 ; 

In  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina,  South 
Carolina,  Georgia,  Florida,  Alabama,  Mississippi,  Tennessee,  Arkansas,  and 
Louisiana  the  open  season  shall  be  from  November  1  to  January  31 ;  and 

In  Alaska  the  open  season  shall  be  from  September  1  to  December  15. 

Rails  (except  coot  and  gallinules.) — The  open  season  for  sora  and  other  rails 
(except  coot  and  gallinules)  shall  be  from  September  1  to  November  30,  except 
as  follows: 

In  Louisiana  the  open  season  shall  be  from  November  1  to  January  31. 


B.  S.  23.]  SERVICE   AND  REGULATORY   ANNOUNCEMENTS.  \) 

Black-bellied  and  golden  plovers  and  greater  and  lesser  yelloiclegs.^-The 
open  seasons  for  black-bellied  and  golden  plovers  and  greater  and  lesser 
yellowlegs  shall  be  as  follows : 

In  Maine,  New  Hampshire,  Massachusetts,  Rhode  Island,  Connecticut,  New 
York,  New  Jersey,  Delaware,  Maryland,  and  Virginia  the  open  season  shall  be 
from  August  16  to  November  30; 

In  the  District  of  Columbia,  North  Carolina,  South  Carolina,  Tennessee.  Ar- 
kansas, Oklahoma,  New  Mexico,  Arizona,  California,  and  Alaska  the  open 
season  shall  be  from  September  1  to  December  15 ; 

In  Vermont,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky,  Indiana,  Michigan, 
Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Dakota,  South  Dakota, 
Nebraska,  Kansas,  Colorado,  Wyoming,  Montana,  Idaho,  Nevada,  and  that  por- 
tion of  Oregon  and  Washington  lying  east  of  the  summit  of  the  Cascade 
Mountains  the  open  season  shall  be  from  September  1G  to  December  31 ; 

In  Utah  and  in  that  portion  of  Oregon  and  Washington  lying  west  of  the 
summit  of  the  Cascade  Mountains  the  open  season  shall  be  from  October  1 
to  January  15 ;  and 

In  Georgia,  Florida,  Alabama,  Mississippi,  Louisiana,  and  Texas  the  open 
season  shall  be  from  November  1  to  January  31. 

Woodcock. — The  open  seasons  for  woodcock  shall  be  as  follows : 

In  Maine,  New  Hampshire,  Vermont,  Massachusetts,  Rhode  Island,  Connecti- 
cut, New  York,  New  Jersey,  Pennsylvania,  Ohio,  West  Virginia,  Kentucky, 
Indiana,  Michigan,  Wisconsin,  Illinois,  Missouri,  Iowa,  Minnesota,  North  Da- 
kota, South  Dakota,  Nebraska,  and  Kansas  the  open  season  shall  be  from 
October  1  to  November  30;  and 

In  Delaware,  Maryland,  the  District  of  Columbia,  Virginia,  North  Carolina, 
South  Carolina,  Georgia,  Florida,  Alabama.  Mississippi,  Tennessee,  Arkansas, 
Louisiana,  Texas,  and  Oklahoma  the  open  season  shall  be  from  November  1  to 
December  31. 

Doves. — The  open  seasons  for  mourning  and  white-winged  doves  shall  be  as 
follows : 

In  Delaware,  Maryland,  Virginia,  Tennessee,  Kentucky,  Illinois,  Missouri, 
Oklahoma,  Texas,  New  Mexico,  Colorado,  Arizona,  California,  Nevada,  Idaho, 
and  Oregon  the  open  season  shall  be  from  September  1  to  December  15 ;  and 

In  North  Carolina,  South  Carolina,  Georgia,  Florida,  Alabama,  Mississippi, 
and  Louisiana  the  open  season  shall  be  from  September  16  to  December  31. 

REGULATION   5.— BAG   LIMITS  ON  CERTAIN  MIGRATORY   GAME   BIRDS. 

A  person  may  take  in  any  one  day  during  the  open  seasons  prescribed  there- 
for in  Regulation  4  not  to  exceed  the  following  numbers  of  migratory  game 
birds : 

Ducks  (except  wood  duck  and  eider  ducks). — Twenty-five  in  the  aggregate 
of  all  kinds. 

Geese. — Eight  in  the  aggregate  of  all  kinds. 

Brant. — Eight. 

Rails,  coot,  and  gallinules. — Twenty-five  in  the  aggregate  of  all  kinds. 

Black-bellied  and  golden  plovers  and  greater  and  lesser  yellowlegs. — Fifteen 
in  the  aggregate  of  all  kinds. 

Wilson  snipe,  or  jacksnipe. — Twenty-five. 

Woodcock. — Six. 

Doves  (mourning  and  ivhite-winged) . — Twenty-five  in  the  aggregate  of  both 
kinds. 


10  BUREAU    OF   BIOLOGICAL   SURVEY.  [S.  It.  A. 

REGULATION     6.— SHIPMENT    AND     TRANSPORTATION     OF     CERTAIN    MIGRATORY 

GAME  BIRDS. 

Waterfowl  (except  wood  duck,  eider  ducks,  and  swans),  rails,  coot,  gal- 
linules,  black-bellied  and  golden  plovers,  greater  and  lesser  yellowlegs,  wood- 
cock, Wilson  snipe  or  jacksnipe,  and  mourning  and  white-winged  doves  and 
parts  thereof  legally  taken  may  be  transported  in  or  out  of  the  State  where 
taken  during  the  respective  open  seasons  in  that  State,  and  may  be  imported 
from  Canada  during  the  open  season  in  the  Province  where  taken,  in  any  man- 
ner, but  not  more  by  one  person  in  one  calendar  week  than  the  number  that 
may  be  taken  under  these  regulations  in  two  days  by  one  person;  any  such 
migratory  game  birds  or  parts  thereof  in  transit  during  the  open  season  may 
continue  in  transit  such  additional  time  immediately  succeeding  such  open 
season,  not  to  exceed  five  days,  necessary  to  deliver  the  same  to  their  destina- 
tion; and  any  package  in  which  migratory  game  birds  or  parts  thereof  are 
transported  shall  have  the  name  and  address  of  the  shipper  and  of  the  con- 
signee and  an  accurate  statement  of  the  numbers  and  kinds  of  birds  contained 
therein  clearly  and  conspicuously  marked  on  the  outside  thereof;  but  no  such 
birds  shall  be  transported  from  any  State,  Territory,  or  District  to  or 
through  another  State,  Territory,  or  District,  or  to  or  through  a  Province 
of  the  Dominion  of  Canada  contrary  to  the  laws  of  the  State,  Territory,  or 
District,  or  Province  of  the  Dominion  of  Canada  in  which  they  were  taken  or 
from  which  they  are  transported  ;  nor  shall  any  such  birds  be  transported  into 
any  State,  Territory,  or  District  from  another  State,  Territory,  or  District,  or 
from  any  State,  Territory,  or  District  into  any  Province  of  the  Dominion  of 
Canada  at  a  time  when  such  State,  Territory,  or  District,  or  Province  of  the 
Dominion  of  Canada  prohibits  the  possession  or  transportation  thereof. 

REGULATION  7.— TAKING  OF  CERTAIN   MIGRATORY   NONGAME   BIRDS   BY   ESKIMOS 
AND  INDIANS  IN  ALASKA. 

In  Alaska  Eskimos  and  Indians  may  take  for  the  use  of  themselves  and  their 
immediate  families,  in  any  manner  and  at  any  time,  and  possess  and  transport 
auks,  auklets,  guillemots,  murres,  and  puffins  and  their  eggs  for  food,  and  their 
skins  for  clothing. 

REGULATION   8.— PERMITS   TO    PROPAGATE    AND    SELL   MIGRATORY    WATERFOWL. 

1.  A  person  may  take  in  any  manner  and  at  any  time  migratory  waterfowl 
and  their  eggs  for  propagating  purposes  when  authorized  by  a  permit  issued  by 
the  Secretary.  Waterfowl  and  their  eggs  so  taken  may  be  possessed  by  the 
permittee  and  may  be  sold  and  transported  by  him  for  propagating  purposes 
to  any  person  holding  a  permit  issued  by  the  Secretary  in  accordance  with  the 
provisions  of  this  regulation. 

2.  A  person  authorized  by  a  permit  issued  by  the  Secretary  may  possess,  buy, 
sell,  and  transport  migratory  waterfowl  and  their  increase  and  eggs  in  any 
manner  and  at  any  time  for  propagating  purposes;  and  migratory  waterfowl, 
except  the  birds  taken  under  paragraph  1  of  this  regulation,  so  possessed  may 
be  killed  by  him  in  any  manner  except  by  shooting,  and  the  unplucked  car- 
casses and  (ho  plucked  carcasses  will)  heads  attached  thereto  of  the  birds  so 
killed  may  be  sold  and  transported  by  him  in  any  manner  and  at  any  time  to 
any  person  for  actual  consumption,  or  to  the  keeper  of  a  hotel,  restaurant,  or 
boarding  house,  retail  dealer  in  meat  or  game,  or  a  club,  for  sale  or' service  to 
their  patrons,  who  may  possess  such  carcasses  for  actual  consumption  without 
a  permit. 


B.  S.  23.]  SERVICE   AND   REGULATORY   ANNOUNCEMENTS.  11 

3.  Any  package  in  which  such  waterfowl  or  parts  thereof  or  their  eggs  are 
transported  shall  have  plainly  and  conspicuously  marked  on  the  outside  thereof 
the  name  and  address  of  the  permittee,  the  number  of  his  permit,  the  name  and 
address  of  the  consignee,  and  an  accurate  statement  of  the  number  and  kinds 
of  birds  or  eggs  contained  therein. 

4.  Applications  for  permits  must  be  addressed  to  the  Secretary  of  Agriculture, 
Washington,  D.  C,  and  must  contain  the  following  information:  Name  and 
address  of  applicant ;  place  where  the  business  is  to  be  carried  on ;  number  of 
acres  of  land  used  in  the  business  and  whether  owned  or  leased  by  the  appli- 
cant; number  of  each  species  of  waterfowl  in  possession  of  applicant;  names 
of  species  and  number  of  birds  or  eggs  of  each  species  if  permission  is  asked 
to  take  waterfowl  or  their  eggs ;  and  the  particular  locality  where  it  is  desired 
to  take  such  waterfowl  or  eggs. 

5.  A  person  granted  a  permit  under  this  regulation  shall  keep  books  and 
records  which  shall  correctly  set  forth  the  total  number  of  each  species  of 
waterfowl  and  their  eggs  possessed  on  the  date  of  application  for  the  permit 
and  on  the  first  day  of  January  next  following ;  also  for  the  calendar  year  for 
which  permit  was  issued  the  total  number  of  each  species  reared  and  killed, 
number  of  each  species  and  their  eggs  sold  and  transported,  manner  in  which 
such  waterfowl  and  eggs  were  transported,  name  and  address  of  each  person 
from  or  to  whom  waterfowl  and  eggs  were  purchased  or  sold,  together  with 
^number  and  species  and  whether  sold  alive  or  dead;  and  the  date  of  each 
transaction.  A  written  report  correctly  setting  forth  this  information  shall  be 
furnished  the  Secretary  during  the  month  of  January  next  following  the 
issuance  of  the  permit. 

6.  A  permittee  shall  at  all  reasonable  hours  allow  any  authorized  employee 
of  the  United  States  Department  of  Agriculture  to  enter  and  inspect  the 
premises  where  operations  are  being  carried  on  under  this  regulation  and 
to  inspect  the  books  and  records  of  such  permittee  relating  thereto. 

7.  Permits  issued  under  this  regulation  shall  be  valid  only  during  the  cal- 
endar year  of  issue,  shall  not  be  transferable,  and  may  be  revoked  by  the 
Secretary,  if  the  permittee  violates  any  of  the  provisions  of  the  Migratory 
Bird  Treaty  Act  or  of  the  regulations  thereunder. 

8.  A  person  engaged  in  the  propagation  of  migratory  waterfowl  on  the  date 
on  which  these  regulations  become  effective  will  be  allowed  until  September 
30,  1918,  to  apply  for  the  permit  required  by  this  regulation,  but  he  shall 
not  take  any  migratory  waterfowl  without  a  permit. 

REGULATION  9.— PERMITS  TO   COLLECT  MIGRATORY  BIRDS   FOR   SCIENTIFIC 

PURPOSES. 

A  person  may  take  in  any  manner  and  at  any  time  migratory  birds  and 
their  nests  and  eggs  for  scientific  purposes  when  authorized  by  a  permit  issued 
by  the  Secretary,  which  permit  shall  be  carried  on  his  person  when  he  is  col- 
lecting specimens  thereunder  and  shall  be  exhibited  to  any  person  requesting 
to  see  the  same. 

Application  for  a  permit  must  be  addressed  to  the  Secretary  of  Agriculture, 
Washington,  D.  C,  and  must  contain  the  following  information:  Name  and 
address  of  applicant  and  name  of  State,  Territory,  or  District  in  which 
specimens  are  proposed  to  be  taken  and  the  purpose  for  which  they  are  in- 
tended. Each  application  shall  be  accompanied  by  certificates  from  two  well- 
known  ornithologists  that  the  applicant  is  a  fit  person  to  be  entrusted  with  a 
permit. 


12  BUREAU   OF   BIOLOGICAL   SURVEY.        [S.  R.  A.— B.  S.  23.1 

The  permit  will  authorize  the  holder  thereof  to  possess,  buy,  sell,  and  trans- 
port in  any  manner  and  at  any  time  migratory  birds,  parts  thereof,  and  their 
nests  and  eggs  for  scientific  purposes.  Public  museums,  zoological  parks  and 
societies,  and  public  scientific  and  educational  institutions  may  possess,  buy, 
sell,  and  transport  in  any  manner  and  at  any  time  migratory  birds  and  parts 
thereof,  and  their  nests  and  eggs  for  scientific  purposes  without  a  permit,  but 
no  specimens  shall  be  taken  without  a  permit. 

Permits  shall  be  valid  only  during  the  calendar  year  of  issue,  shall  not  be 
transferable,  and  shall  be  revocable  in  the  discretion  of  the  Secretary.  A 
person  holding  a  permit  shall  report  to  the  Secretary  on  or  before  January 
10  following  its  expiration  the  number  of  skins,  nests,  or  eggs  of  each  species 
collected,  bought,  sold,  or  transported. 

Every  package  in  which  migratory  birds  or  their  nests  or  eggs* are  trans- 
ported shall  have  clearly  and  conspicuously  marked  on  the  outside  thereof  the 
name  and  address  of  the  sender,  the  number  of  the  permit  in  every  case 
when  a  permit  is  required,  the  name  and  address  of  the  consignee,  a  state- 
ment that  it  contains  specimens  of  birds,  their  nests,  or  eggs  for  scientific 
purposes,  and,  whenever  such  a  package  is  transported  or  offered  for  trans- 
portation from  the  Dominion  of  Canada  into  the  United  States  or  from  the 
United  States  into  the  Dominion  of  Canada,  an  accurate  statement  of  the 
contents. 

REGULATION  10.— PERMITS  TO  KILL  MIGRATORY  BIRDS  INJURIOUS  TO  PROPERTY. 

When  information  is  furnished  the  Secretary  that  any  species  of  migra- 
tory bird  has  become,  under  extraordinary  conditions,  seriously  injurious  to 
agriculture  or  other  interests  in  any  particular  community,  an  investigation 
will  be  made  to  determine  the  nature  and  extent  of  the  injury,  whether  the 
birds  alleged  to  be  doing  the  damage  should  be  killed,  and,  if  so,  during  what 
times  and  by  what  means.  Upon  his  determination  an  appropriate  order  will 
be  made. 

Now,  Therefore,  I,  Woodrow  Wilson,  President  of  the  United 
States  of  America,  do  hereby  approve  and  proclaim  the  foregoing 
regulations. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  of  America  to  be  affixed. 

Done  in  the  District  of  Columbia,  this  thirty-first  day  of  July, 
in  the  year  of  our  Lord  One  Thousand  Nine  Hundred 
[seal.]    and  Eighteen   and  of  the  Independence  of  the  United 
States  of  America  the  One  Hundred  and  Forty-third. 

Woodrow  Wilson. 
By  the  President: 
Frank  L.  Polk, 

Acting  Secretary  of  State. 


UNIVERSITY  OF  FLORIDA 

■'  "III  III  mi  iiiii  ii  mm  iii.i 


3  1262  09218  4836 

WASHINGTON  :  GOVERNMENT  PRINTING  OFFICE  :  1918 


